Erie County District Attorney John J. Flynn announces that a jury has found 46-year-old Kenneth Achtyl of Hamburg guilty of one count of Assault in the Third Degree, one count of Falsifying Business Records in the Second Degree, and one count of Official Misconduct. All of the charges are Class “A” misdemeanors.

On Sunday, December 3, 2017, at approximately 1:00 p.m., the defendant, while on-duty as a deputy with the Erie County Sheriff’s Office, struck the victim in the face with his police baton causing physical injury. The victim suffered a broken nose and a concussion. The defendant also knowingly wrote a false statement in a report regarding the behavior of the victim during the arrest.

All charges against the victim in this case were dismissed.

Achtyl faces a maximum of 2 years when he is sentenced by Orchard Park Town Court Justice Jorge S. de Rosas on January 23, 2020 at 5:00pm.  He was released on his own recognizance.

The case was prosecuted by Assistant District Attorney Gary M. Ertel of the DA’s Public Integrity Unit and Assistant District Attorney James M. Marra of the DA’s Felony Trials Bureau.